The estranged wife of Meru Senator Mithika Linturi can now breathe a sigh of relief after a Nairobi court granted her exclusive occupation of their palatial Runda home, pending the determination of a divorce case in Meru.
Magistrate Isaac Orenge also restrained the senator from “loitering near or preventing access to and from the said shared residence in Runda”.
Also granted is an order stopping Linturi from physically abusing or threatening to abuse Kitany, her staff, her six children or any other person associated to her. The magistrate had in October last year issued the same orders but on a temporary basis.
On Friday, he said the orders will remain in force until a divorce matter between the two is heard and determined.
He said there was no dispute that Linturi and Kitany were living in the same house since 2015. He said a letter from the Mae Ridge Villas confirmed the two and their children were the occupants of the house and that the nature of the relationship is not an issue for determination by the court.
Runda OCS will ensure the orders are complied with.
Orenge, however, said the orders do not apply to the children who live or used to live with Linturi in Runda.
Immediately the ruling was delivered, Linturi through lawyer Muthomi Thiankuri urged the court to suspend its orders to enable them lodge an appeal. The magistrate declined and directed he files a formal application.
Linturi had urged the court to dismiss the Kitany’s case on grounds that she did not meet the legal threshold for the issuance of a protection order.
“Kitany has merely made hyperbolic allegations but has not adduced a single shred of evidence of domestic violence on my part. I have also never established any domestic or marital relationship with Kitany or any of her children as they were merely guests at the Runda House,” Linturi said.